Cambie Surgeries Corp., a private medical clinic, has been ordered to pay the B.C. government's legal costs after its unsuccessful constitutional challenge of Canada's public healthcare system. The clinic's lawsuit, launched in 2009, argued that B.C.'s Medicare Protection Act unconstitutionally prevented people from accessing private healthcare when the public system was unable to provide it. The case was rejected by the B.C. Supreme Court, the B.C. Court of Appeal, and the Supreme Court of Canada. The B.C. Supreme Court Justice Jennifer Lynn Whately ruled that Cambie Surgeries should pay the Attorney General of British Columbia's trial costs, citing the case's length and complexity.
A private medical clinic that launched an unsuccessful constitutional challenge of Canada’s public health care system must pay the B.C. government’s legal costs , after what a judge calls a “gruelling marathon” of a case.
B.C. Supreme Court Justice Jennifer Lynn Whately ruled Monday that Cambie Surgeries should pay the Attorney General of British Columbia’s trial costs, calling the long-running litigation “prodigiously lengthy and complex.” The court ruling says the government argued that Cambie Surgeries was a “well-resourced” party that had a financial stake in the outcome of the case, rather than a public-interest litigant going to bat for patients let down by the public health care system.
Whately found that the case “involved matters of great importance to all British Columbians, not only in a legal sense, but in terms of the practical, day-to-day impact on access to health care, the funding of health care services, and the principles that uphold our public health care system.”
PUBLIC HEALTHCARE CONSTITUTIONAL CHALLENGE LEGAL COSTS CAMBIE SURGERIES BC GOVERNMENT
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